There are situations in which a person who temporarily does not reside in the Republic of Belarus or is temporarily located outside of it must conclude a contract or perform other important legal actions, but he does not have the opportunity to do it on his own. In such moments, a power of attorney can help.
According to Articles 183, 186 of the Civil Code of the Republic of Belarus, the power of attorney gives the representative the right to make transactions and other actions in the interests and on behalf of the represented. The norms of the Civil Code on the issuance of a power of attorney do not contain restrictions on the subject composition, therefore, general rules should be followed.
As a general rule, both the represented and the representative must be legally capable. A power of attorney can be issued to any person who has reached the age of eighteen and is not recognized by the court as legally capable or incapacitated, but there are other exceptions. These include a power of attorney to represent interests in court. Such a representative may be a limited circle of persons, namely a lawyer or a close relative.
Issues related to the issuance of a power of attorney and representation of interests by attorney are regulated by the Civil Code of the Republic of Belarus, as well as legislation containing legal norms on notaries.
Power of Attorney forms
There are several forms of power of attorney in Belarus that can be used in various conditions. Some include:
- Simple powers of attorney: This form of power of attorney is general, it specifies the powers of the recipient, as well as the term of their validity.
- Notarial power of attorney: For such cases as the purchase of real estate or the execution of large contracts, a notary certification of the power of attorney is required. The notary confirms the identity of the parties and the authenticity of the signatures.
- Power of attorney for property management: This form of power of attorney grants the authority to manage property, such as payments, sale or lease of real estate, bank account management, etc.
- Power of attorney to perform legally significant actions: Some cases require a power of attorney that grants authority to perform certain legal actions, for example, signing contracts and representing interests in court.
Power of attorney to perform legally significant actions
A power of attorney to perform legally significant actions in the Republic of Belarus can be issued to both individuals and legal entities. The owner of the power of attorney may transfer the authority to perform certain legally significant actions to another person. Legal actions that can be entrusted with a power of attorney:
- Representing your interests in court.
- Registration or submission of documents to state bodies.
- Conclusion of a contract or agreement on behalf of the principal.
- Making other legally significant transactions and disposing of property.
- Other legally significant actions that you specify in the power of attorney.
The request must be made in writing and signed by a trustee. In some cases, it is necessary to notarize the power of attorney. Notaries can verify the authenticity of the signature, as well as verify his identity. The power of attorney must contain a clear description of what powers are transferred by the attorney.
In what cases is it necessary to issue a power of attorney to represent interests in Belarus
It is not always possible for a person who is located outside of Belarus to come, for example, to participate in a court proceeding, issue an inheritance or to make another transaction (conclusion of a loan agreement, purchase and sale of real estate, etc.), and given that some of the above procedures are quite lengthy and require competent knowledge, then it is better to seek help from a lawyer.
A foreign citizen or a citizen of Belarus residing or temporarily staying outside of Belarus has the right to issue a power of attorney to represent their interests in Belarus. The term of validity of the power of attorney may not exceed three years. If the validity period is not specified in the power of attorney, it remains valid for one year from the date of its commission. A power of attorney that does not specify the date of its commission is null and void.
Who can be given a power of attorney to resolve legal issues in Belarus
A foreign citizen, or a citizen of the Republic of Belarus residing outside Belarus, has the right to issue a power of attorney to represent his interests to any person. The legislator does not restrict the right to choose a representative. It can be a familiar person, a close or distant relative, etc.
At the same time, very often people are faced with a situation where it is necessary to represent the interests of a professional, i.e. a person with a legal education and a license. For example, a lawyer, a manager or an employee of a legal entity on the cases of this person, other persons may represent the interests of a legal entity in a court considering economic cases in cases provided for by legislative acts of the Republic of Belarus. Citizens have the right to conduct their cases in court personally or through representatives. Personal participation in the case of citizens does not deprive them of the right to have representatives in this case. Legal representatives may entrust the conduct of the case to another person chosen by them as a representative.
That is why it is best to seek legal assistance from a lawyer.
What nuances should be taken into account?
Since September 7, 2023, a new procedure for issuing documents and performing notarial actions in foreign institutions of the Republic of Belarus has been established. Notarization, state registration of contracts on alienation, pledge of immovable property, alienation of motor vehicles, trailers to them or self–propelled vehicles subject to state registration and state registration, other contracts or transactions on alienation of property is carried out at the personal request of the interested person – the owner of the property or on the basis of a power of attorney issued in the Republic of Belarus.
If earlier such a power of attorney could be issued at the Embassy of the Republic of Belarus, now it is possible to issue a power of attorney only on the territory of Belarus.
Documents for identification
To certify any power of attorney, you must have:
- passport (other identity document) of the principal, passport details of the representative (it is possible in the form of a photocopy of the passport)
- a document confirming the relationship. This is a birth certificate, marriage registration, etc. (if the power of attorney concerns the transfer of property rights to close relatives)
- certificate of a pensioner or a disabled person of group I, II, if a pensioner or a disabled person of group I, II applies for a power of attorney (this will affect the amount of the notary tariff)
The list of other documents that may be needed when certifying a power of attorney depends on the specific issue, a lawyer or notary will help you collect all the necessary documents based on your situation.
Who certifies the power of attorney
The legislation does not provide for mandatory notarization of all powers of attorney. But there are powers of attorney that will be invalid without it. In particular, a notarial form is required for a power of attorney:
- to make a transaction that requires a notarial form. This is, for example, a power of attorney for the sale of real estate,
- for a car with the right to travel abroad.
Representatives are allowed by the court considering economic cases to participate in the case only if they have the appropriate authority.
A power of attorney issued to a representative must be signed by a person authorized to issue such powers of attorney and executed in accordance with legislative acts. A power of attorney issued to a representative by an individual entrepreneur or a citizen must be notarized.
It is best to contact lawyers to get more detailed information about the requirements for power of attorney in the Republic of Belarus, as the rules may change over time and the requirements may vary depending on the specific situation.
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